[Introduced March 1, 2013; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §3-5-23 of the Code of West Virginia,
1931, as amended, relating to elections; nomination
certificates for minor party or independent nominations; and
requiring candidates to certify the office sought by a notary
public prior to obtaining signatures of registered voters. Be it enacted by the Legislature of West Virginia:
That §3-5-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.§3-5-23. Certificate nominations; requirements and control;
penalties.
(a) Groups of citizens having no party organization may
nominate candidates who are not already candidates in the primary
election for public office otherwise than by conventions or primary
elections. In that case, the candidate or candidates, jointly or
severally, shall file a nomination certificate in accordance with the provisions of this section and the provisions of section
twenty-four of this article.
(b) The person or persons soliciting or canvassing signatures
of duly qualified voters on the certificate or certificates, may
solicit or canvass duly registered voters residing within the
county, district or other political division represented by the
office sought, but must first obtain from the clerk of the county
commission credentials which must be exhibited to each voter
canvassed or solicited, which credentials may be in the following
form or effect:
State of West Virginia, County of ..................., ss:
This certifies that the holder of this credential is hereby
authorized to solicit and canvass duly registered voters residing
in .................... (here place the county, district or other
political division represented by the office sought) to sign a
certificate purporting to nominate ............................
(here place name of candidate heading list on certificate) for the
office of ............................. and others, at the general
election to be held on ........................., 20......
Given under my hand and the seal of my office this
................. day of ........................, 20......
.................................................
Clerk, county commission of ...................
County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue such credentials and shall
keep a record thereof.
(c) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein the canvass or solicitation is made by the person or
persons duly authorized. The signatures need not all be on one
certificate. The number of signatures shall be equal to not less
than one percent of the entire vote cast at the last preceding
general election for the office in the state, district, county or
other political division for which the nomination is to be made,
but in no event shall the number be less than twenty-five. The
number of signatures shall be equal to not less than one percent of
the entire vote cast at the last preceding general election for any
statewide, congressional or presidential candidate, but in no event
shall the number be less than twenty-five. Where two or more
nominations may be made for the same office, the total of the votes
cast at the last preceding general election for the candidates
receiving the highest number of votes on each ticket for the office
shall constitute the entire vote. A signature on a certificate may
not be counted unless it be that of a duly registered voter of the
county, district or other political division represented by the office sought wherein the certificate was presented.
(d) The certificates shall state the name and residence of
each of the candidates; that he or she is legally qualified to hold
the office; that the subscribers are legally qualified and duly
registered as voters and desire to have the candidates placed on
the ballot; and may designate, by not more than five words, a brief
name of the party which the candidates represent and may adopt a
device or emblem to be printed on the official ballot. All
candidates nominated by the signing of the certificates shall have
their names placed on the official ballot as candidates, as if
otherwise nominated under the provisions of this chapter.
The Secretary of State shall prescribe the form and content of
the nomination certificates to be used for soliciting signatures:
Provided, That the form shall require the candidate to designate
the office sought and that the designation be certified by a notary
public prior to obtaining signatures of registered voters.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
Notwithstanding any other provision of this code to the
contrary, a duly registered voter may sign the certificate provided
in this section and may vote for candidates of his or her choosing
in the corresponding primary election.
(e) The Secretary of State, or the clerk of the county commission, as the case may be, may investigate the validity of the
certificates and the signatures thereon. If, upon investigation,
there is doubt as to the legitimacy and the validity of
certificate, the Secretary of State may ask the Attorney General of
the state, or the clerk of the county commission may ask the
prosecuting attorney of the county, to institute a quo warranto
proceeding against the nominee by certificate to determine his or
her right to the nomination to public office and upon request being
made, the Attorney General or prosecuting attorney shall institute
the quo warranto proceeding. The clerk of the county commission
shall, at the request of the Secretary of State or the clerk of the
circuit court, compare the information from any certificate to the
county voter registration records in order to assist in determining
the validity of any certificates.
(f) In addition to penalties prescribed elsewhere for
violation of this chapter, any person violating the provisions of
this section is guilty of a misdemeanor and, upon conviction, shall
be fined not more than $1,000, or confined in jail not more than
one year, or both fined and imprisoned: Provided, That a criminal
penalty may not be imposed upon anyone who signs a nomination
certificate and votes in the primary election held after the date
the certificate was signed.

NOTE: The purpose of this bill is to provide that the forms
used for nomination certificates for minor party or independent
nominations require candidates to certify the office sought by a
notary public prior to obtaining signatures of registered voters.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.